Article 3 Transitional provisions and savings

Sections 99 and 100 shall not apply to any dismissal which, pursuant to a qualifying notice given before the date on which those sections come into operation, is to take effect before the expiry of the period of 90 days beginning with that date.

In determining for the purposes of section 99(3) or section 100(1) whether an employer is proposing to dismiss as redundant 100 or more, or, as the case may be, 10 or more employees, no account shall be taken of employees whose proposed dismissals, pursuant to a qualifying notice given before the date on which those sections come into operation, are to take effect before the expiry of the period of 90 days beginning with that date.

For the purposes of paragraphs (1) and (2) above a qualifying notice is a notice complying with the requirements of section 1(1) of the Contracts of Employment Act 1972 (rights of employee to minimum period of notice) and the relevant terms of the contract of employment.

Section 99(3) shall not apply to any dismissal which is to take effect on or after the date on which section 99 comes into operation where consultation with trade union representatives began before that date.

For the purposes of paragraph (4) above consultation shall not be taken to have begun unless the employer has disclosed in writing to the relevant trade union representatives the matters specified in paragraphs (a), (b) and (c) of section 99(5).

In a case falling within paragraph (4) above section 100(1) shall have effect as if the words “at least 90 days” and “at least 60 days” in paragraphs (i) and (ii) respectively were omitted.